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DUI Center No. 2 · Your License

Your License After a Colorado DUI: Express Consent & DMV Hearings

The criminal court can't save your license — the DMV case does that, and it moves first. How express consent revocations work and how to fight them.

Charles E. Liken Jr., Esq. — On Colorado's Legal Front Lines Since 1995 · Government Investigator, Denver Human Services (1997–2003) · Licensed Colorado Attorney Since 2003 ~ 20+ Years in Private Practice · Colorado Deputy District Attorney (2018–2020) · Colorado Court-Appointed Child and Family Investigator

The administrative case, decoded

By driving in Colorado you've already consented to chemical testing when an officer has probable cause — that's the express-consent law, § 42-4-1301.1, C.R.S. The DMV enforces it through § 42-2-126, C.R.S., entirely apart from your criminal case.

1

Per se revocation: 0.08 or above

Test at 0.08+ and the DMV revokes on the number alone — nine months for a first offense under § 42-2-126, C.R.S. Early reinstatement with an ignition interlock (§ 42-2-132.5, C.R.S.) is generally available after roughly the first month.

Where LLF comes in: We fight the number itself — machine certification, 20-minute observation, blood chain of custody — because if the test falls at the hearing, the revocation falls with it.

2

Refusal: the price is steeper

Refusing the evidentiary test triggers a one-year revocation, a persistent drunk driver designation (§ 42-1-102(68.5), C.R.S.), two years of interlock, SR-22 insurance, and treatment requirements — and the refusal itself is admissible against you at trial (§ 42-4-1301(6)(d), C.R.S.).

Where LLF comes in: Was it really a refusal? Confusing advisements, medical inability, and recanted refusals are all litigable — we've won on the difference.

3

The hearing is real litigation

Issues are narrow — probable cause, proper advisement, test validity, 0.08+ or refusal — but testimony is sworn and recorded. It's the first cross-examination of the officer in your whole case.

Where LLF comes in: A well-run hearing does double duty: it can save the license now and lock in sworn testimony the officer must live with at trial.

4

Driving during and after

Colorado's interlock-based early reinstatement (§ 42-2-132.5, C.R.S.) usually gets first offenders legally back on the road quickly — with the device, SR-22 filing, and strict compliance. Violations restart clocks.

Where LLF comes in: We map the exact soonest legal path back to driving for your situation — job, kids, and CDL realities included — and calendar every reinstatement trigger.

5

Under 21? Different math

Drivers under 21 face revocation at just 0.02–0.05 BAC (§ 42-4-1301(2)(a.5), C.R.S.) — the UDD zero-tolerance rule — with its own hearing rights and consequences for young futures.

Where LLF comes in: We defend UDD cases with college, scholarship, and record consequences front of mind — the goal is a future that doesn't carry this.

Ready when you are — talk it through with Charles.

Your choice: no-charge 20-minute phone call OR in-depth hour ($300) — both directly with Charles.

Quick answers

What happens to my license after a first-offense DUI test over 0.08?

The DMV revokes for nine months under § 42-2-126, C.R.S., with interlock-based early reinstatement generally available after about one month under § 42-2-132.5, C.R.S.

What are the consequences of refusing the test in Colorado?

A one-year revocation, persistent-drunk-driver designation under § 42-1-102(68.5), C.R.S., two years of ignition interlock, SR-22 insurance, treatment — and the refusal can be used against you at trial under § 42-4-1301(6)(d), C.R.S.

Is the DMV hearing separate from my criminal case?

Completely. Different agency, different standards, different deadlines — and winning or losing one does not decide the other.

Can I drive at all after revocation?

Usually yes, sooner than people fear: Colorado's early-reinstatement-with-interlock framework restores legal driving for most first offenders quickly, provided every requirement is met and maintained.

Strategy

Why we almost always request the hearing

Even in difficult cases, the hearing costs little and buys a lot: a sworn officer statement before the criminal case matures, early copies of the DMV packet, and occasionally an outright win when the officer doesn't appear or the paperwork fails.

The investigator's habit — get the documents, all of them — matters here: intoxilyzer certification records, maintenance logs, blood-lab accreditation, and the officer's own report inconsistencies have all ended revocations before the criminal case even reached motions.

Step by step

  • 1 · Request within 7 days — Written hearing request; elect officer attendance strategically.
  • 2 · Get the packet — DMV file, test records, certifications — reviewed line by line.
  • 3 · The hearing — Cross-examination on probable cause, advisement, and test validity.
  • 4 · Reinstatement path — Interlock, SR-22, and compliance calendar the moment eligibility opens.

Your license is your livelihood

Longmont and Boulder County don't run on bus schedules. Treat the DMV case with the same seriousness as the criminal one — we do.

Related: First 7 Days · The Tests & the Evidence · CDL & Under-21. General information, not legal advice.
THE LONGMONT LAW FIRM
Charles E. Liken Jr., Esq.
Attorney & Counselor at Law

Say nothing. We'll do the talking.

Before you talk to anyone — DA, DMV, insurance — get twenty minutes with the prosecutor turned defender.